New York Family Law Blog

Published on: February 3, 2012

Grandparent Visitation Rights

by Stephen Bilkis

Child visitation and child custody are cases that are very frequently occurring, especially in the states. The details of the case are not easy especially when the rights and the benefits of the children are the ones at stake. In this particular case, the grandparents are the ones who are involved in the case. This case involves the couple Diane and David Saul who are the maternal grandparents of the child who was born out of wedlock.

The said child was born around October of 1994 and lived with his mother and her parents. The father lived separately with his own parents since the couple was not married. When the child reached about 8 months old, the mother filed an action to demand child support for the child from the father. The father succumbed to this but the mother was killed in an accident when the child was two. This scenario led for the child to live with his father which started the issue between the parents of the mother and the father.

The grandparents are fighting for the right to visit since according to a New York Visitation Lawyer, this should be granted when one or both parents are already dead or if the child was born without his parents getting married. However, the conflict arises when the point of the father having the right to same privacy level is raised especially since the mother has already passed away. The points raised may be too hard to handle especially when all parties involved only have the interest to protect the child. The court is only after giving the rights to those who will not cause harm to the overall well being of the child.

Published on: February 2, 2012

Court Rules on Modification of Custody Hearing

by Stephen Bilkis

Modification of child custody cases happen in a lot of court scenarios. In fact, when you seek the counsel of an expert New York Family Lawyer, you would be surprised with the cases that you would hear having such details. A good example would be the need for a mother to modify the child custody order that would enable her to bring her son and her second child to Japan. The couple filed for divorce way back in the 80s and the agreement for custody then was for the daughter to stay with the mother and the son with the father.

The mother of the two kids got remarried with a Lt. Commander in the navy. After some time, her new husband will be assigned in the air base of Japan where he will stay for a total of two years. With their family to be brought with him, the mother thought of taking her son with her and the only way to do this is to request for the court to remove her ex-husband’s custody of their children.

One of the Nassau County Family Lawyers who was familiar with this case attested that this would require the inclusion of the Uniform Child Custody Jurisdiction Act. This only means that the custody of the children involved should always be set best for the welfare and greater interest of the children. The mother fought for her kids in the financial aspect. She proved to court that her level of employment and finances have considerably improved that she is already ready and capable of taking care of her two kids and not just her daughter anymore.

Published on: February 2, 2012

Court Rules on Grandparent Adoption Case

by Stephen Bilkis

There was one particular case that a New York Family Lawyer studied which might sound not so common when it comes to cases of child custody or visitation rights. It involves the presence of two minor kids named only as I.S. and C.S. Both of their parents are already dead with their mother dying after giving birth to C.S. Following this scenario, both of them stayed in the custody of their maternal grandfather along with his wife, which went on for four months. Their father died out of a car accident.

When this happened, the two guardians provided for the primary care of the children. As all these were happening, the other set of grandparents in the side of the father, were constantly getting in touch with their grandkids as well. It did not take long before the two acting as guardians decided to file a petition to adopt their two grandkids. The two are defending in court that this is the best way they think that they can serve the kids and give them all the benefits they deserve.

It was without any doubt who also looked into this case that both were actually fit to become parents of the kids. But there was evidence discovered that before the father of the children died, he requested for his kids to be raised by his own parents; the paternal grandparents. It seemed hard to decide on this since both sets of grandparents are very loving to both kids. And it was apparent as well that the two kids also love all their grandparents, whichever parents’ side.

Published on: February 1, 2012

Court Rules on Grandparent Visitation

by Stephen Bilkis

Many families truly honor the presence of grandparents who play a large role too in influencing the younger ones in each family. Besides, there would not be any grandparents day if there are not important, right? However, it might surprise you that there are lots of child visitation rights tackled by a reliable New York family lawyer which include grandparents fighting for their rights to see their grandchildren especially if one of the parents have already passed away. In this case, both parents have not died but are separated instead. This involved the appeal of the maternal grandmother of the child by the name of Mona Chapin against the father Jason Forbes.

The grandmother was first allowed to visit her grandchild of one week during the summer season and about five weekends in a year. But according to a Nassau County Child Support Lawyer everything changed when the father of the child started to remarry. After this second wedding, the court found out that he and his new wife are depriving already the visitation rights of the grandmother in the middle part of 2002. In 2003, the mother of the child agreed to give full parental rights and even allowed the stepmother to adopt her own son. But all these decisions were not relayed to the grandmother involved.

When the grandmother knew about the adoption plan, she filed contempt against the father for the shortcoming of not informing her and this according to a Nassau County Family Lawyer. When the general master reviewed the role of the grandmother, they discovered that she was consistent then of fulfilling her visitation rights and that the father truly had a mistake in that point of not informing her. This case then was decided to base it all on whichever would be for the best interest of the child.

Published on: February 1, 2012

Court Rules on Visitation where Substance Abuse is a Factor

by Stephen Bilkis

When families break down, it is the children who suffer so much. When they start growing up in an environment that is unresolved, they also tend to create chaotic environments on their own. If we care for the future generations of this country, then it is important that we help each other out in informing families on how it is really to raise one. You would learn a lot of values and rights when you get to review some child visitation rights cases explored by a credible New York Family Lawyer.

This case was between the Department of Children and Families versus a mother who is not capable of taking care of her own son. The mother was hidden in the initials of B.M. The child is a four-year-old boy with the initials of B.B. He was brought to the DCF for a shelter petition last 2006. It all started with the mother and child deciding to live alone away from the father who mistreats and abused his wife. In September 12 of 2006, she left her son in a neighbor’s house and promised that she would return soon. But she did not and only came back for her son the afternoon of the next day.

Because of this non-compliance according to a New York Visitation Lawyer she was evicted two days after and she even evaded possible confrontation with the WID. A history of violence in the home was traced and both parents had restraining orders. By September 18, the mother was allowed visitation that is supervised about two times in a week. But on the following month, reports say that she has already missed three appointed visits with which she gave three unreasonable excuses as well. First, she simply overslept. Second, she had to go to a particular doctor’s appointment. Third, she needed to do another follow up with her doctor.

Published on: January 31, 2012

Court Rules on Grandparent Visitation

by Stephen Bilkis

Every New York Family Lawyer has somehow encountered the common case of a grandparent seeking for visitation rights of his or her grandchildren. And in some states in the country, it becomes all the more complicated since some laws do not allow such visitation when one of the parents would like their privacy to be respected. The mother of the child involved in this case who was kept unnamed already filed a paternity action for child support from the father but he also sought visitation rights for his own mother.

It is important to note according to the that the child who is a minor was born right out of wedlock. If this is the case, there is a great chance that the child can be allowed to be visited too by the grandparents. But it is the right of any of the parents to not allow this especially when it comes to the aspect of familial privacy. This term about the rights of the parent to raise their kids without others interfering in the way. If there comes a time that they get into a disagreement, it should be taken to court and they will be the one to decide which would be best for the child.

Some researches done by a respected Nasau County Divorce Lawyer that there are cases visitation rights are given to parents only if it would be the best interest for the child involved. And it is very important to note that this scenario would only be allowed if the parents have both left their right for familial privacy by letting the court settle whatever disagreement they may have. But if it is the court’s decision to allow the grandparent to visit regularly, then this does not violate any of the parents’ privacy rights.

Published on: January 31, 2012

Court Rules on Visitation Case

by Stephen Bilkis

In September 1999, Frances Adrienne Sullivan gave birth to a son. A New York Family Lawyer said, after, she filed a paternity action against Landon Cole Sapp. This was to set custody, parental responsibility and child support for her son. By March 2001, the final decision was that Mr. Sapp was the natural father of the child. The parental responsibility was to be shared by both mother and father. The court said that the child should live with his mother, with the Mr. Sapp provided with reasonable access to his child. He was to pay child support, which he could also declare as an exemption for tax purposes for even numbered tax years and the odd number for Ms. Sullivan.

A few days after the decision, Ms. Sullivan asked the court for clarification of the dependent claim eligibility of each parent. Before this could be determined, Ms. Sullivan died in a car accident. Elizabeth Sullivan, the baby’s maternal grandmother, filed a Motion to Intervene and for the Award of Reasonable Visitation to Grandparent and was asking for a decision granting her the right to get involved in the paternity suit filed by her daughter. This is limited to certain situations and one of them is the death of a parent or both parents. To answer this, the father filed a motion to dismiss.

The lower courts ruled that the grandmother cannot intervene in the paternity suit because her daughter is already deceased, and the determination will not make a different as to can file for a dependent exemption. The visitation right was also dismissed. This was appealed by grandmother. The Supreme Court affirmed the decision of the lower courts.

Published on: January 30, 2012

Visitation

by Stephen Bilkis

Sandra Lynn Chavis filed a paternity suit five months after her child was born on October 6. The father named was Todd Adamson. She was claiming for paternity, child support, sharing in the medical expenses, shared parental responsibility and scheduling of visitation. A New York Family Lawyer said, in response, Mr. Adamson, who lives in a different State, asked for joint custody and visitation for him and the paternal grandparents living in Georgia. The father had admitted paternity already and had given financial support as well as paid part of the medical expenses of the child. They had their own proposed visitation schedules.

By September, six months after the filing, the court had finalized a decision. In terms of the visitation schedule, they had adopted the one proposed by the Ms. Chavis without any variation. This is even after they said that they will make a compromise schedule and not adopt just one. In the judgment, it said that there will be no overnight visitation for some time as an eleven month-old child has some emotional needs and physical limitations that make it inadvisable to do. According to a Nassau County Family Lawyer, the court sees the want of the father and the grandparents to form a bond with the child early on, but because they are far, it will be hard for an infant even a toddler.

The father, Mr. Adamson, in the lower court’s decision gets a few hours of visitation where Ms. Chavis lives. This is done on alternating weekends. Only by the age two does he get an overnight visit, which is only once every month. It is restricted further to Saturday afternoon to Sunday afternoon. By age three, he can already take the child for an overnight, not a weekend visit, outside the State. Extended visits are only to be done beginning the summer before the child enters first grade. There is also no provision for the visitation of the grandparents. Mr. Adamson appealed against this ruling.

Published on: January 30, 2012

Vistitation

by Stephen Bilkis

In a story that was like it was made for a movie, Victoria D. daughter of Carole D. was the one who had two men claiming to be determined as her father. Carole was married to Gerald D. when she gave birth to Victoria. Carole was an international model, and Gerald was a top executive in a French oil firm. He had always said he was Victoria’s father, although tests showed that more than 98% probability, she was Michael H.’s. Carole had an affair with Michael while married to Gerald. A New York Family Lawyer said Victoria was the fruit of that adulterous affair.

For the first three year of Victoria’s life, she lived with Gerald, who treated her as his own child. Sometimes, she and her mother resided with other men. May was when Victoria was born, they lived with Gerald. October of the same year, Gerald moved to New York for business, and Carole and Victoria were in California. End of October, both Carole and Michael had tests done to check the paternity of Victoria and found the 98.07% probability she was Michael’s. January of the following year, Carole visited Michael. In March, she left and resided with Scott K. and in the same year with Gerald again, but by fall she was back with Scott.

November after the year Victoria was born, Michael filed a filiation action to get visitation rights and determine paternity because Carole was not allowing him access to Victoria. About six months after, Carole filed a motion for summary judgment. At this time, she had been with Gerald since March, which lasted until July. After, she was with Michael again and this time she asked her lawyers to withdraw the motion for summary judgment. For the next eight months, they lived together and April, before Victoria’s third birthday, Carole and Michael signed a stipulation that Michael was Victoria’s natural father. The month after, Carole left Michael and ordered her lawyers not to file the stipulation. She moved back with Gerald.

Published on: January 29, 2012

Bronx Man Injects Wife with Poison

by Stephen Bilkis

Authorities have told a New York Family Lawyer that a Bronx man allegedly injected his wife with poison before drinking it himself. Although reports are sketchy at this moment as to whether he stuck the needle into her buttocks or into her arm, the one report that is clear is that soon after the injection the 35-year old woman lapsed into a coma and died the next day.

The couple had only recently moved into the building due to a fire that had occurred at their former residence. The neighbors told a New York Family Attorney that since the couple had been unable to obtain a loan to assist them after the fire that the stress in their relationship became increasingly clear.

This stress continued to the point that police were dispatched to the couple’s residence on at least three occasions, with the latest being on Sunday, the day before this latest incident. The argument had reportedly been so bad, that the woman fled the couple’s apartment to go to her sister’s apartment that is in the same building. It was at this point that police were called to the scene, during which they filed a domestic violence report and then left, witnesses told a Nassau County Family Lawyer.